Tag Archives: FLSA

Texas Court Strikes Down Obama-Era EAP Changes . . . Again

The wait is finally over. On August 31, a federal judge in Texas issued an opinion formally striking down proposed Department of Labor (DOL) changes for Executive, Administrative, and Professional (EAP) employee exemptions under the Fair Labor Standards Act (FLSA). The latest decision comes several months following this judge’s earlier ruling that postponed the long-awaited implementation of new federal regulations. ...

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Retroactive Pay Increases, Bonuses and the FLSA

Today’s Question: The city and firefighters just concluded a long and drawn out battle over a new contract.  The old contract expired six months ago.  The new contract contains two provisions that are raising questions in the stations.  The first is a 2% retroactive pay increase (retroactive to July 1) and the second is a “bonus” that is payable to ...

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Schedule Adjustments, Firefighters and the FLSA

My fire department recently initiated a new policy.  The policy allows the department to adjust a firefighter’s schedule towards the end of the work period to avoid paying FLSA overtime.  We work a 24/48 schedule.  My scheduled work days are being cut from my schedule because I may have worked extra shifts earlier in the work period.  Does the FLSA ...

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Call Back Minimum, Hours Worked and the FLSA

Question of the Day Our employment contract states “any employee that is called back to duty shall be compensated for a minimum of four (4) hours”.  There are times when firefighters are called back to work for only an hour or two.  The firefighter still receives four hours of pay even if they work less than four hours.  When counting ...

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No OT for some Chicago PD Officers

On August 3, 2017, the 7th Circuit Court of Appeals affirmed a district court ruling that denied over 50 Chicago police officers overtime pay for “off-the-clock” work.  These plaintiffs were current and former members of the Chicago Police Department’s Bureau of Organized Crime.  The officers filed suit several years ago seeking compensation for time spent conducting police work on department ...

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5 Common Fire Department FLSA Violations and Ways to Avoid Them (Part 4 of 5)

The Fair Labor Standards Act (FLSA) was originally implemented in 1938.  Workplaces have changed drastically since that time.  Many of the most common FLSA violations reflect that transition.  As an employer, it is not always easy to stay ahead of the curve on some these issues, however it is essential that employers remain vigilant in efforts to stay compliant with ...

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Different Rules for Paying Firefighters

As many of us are keenly aware, firefighters do not always receive overtime after working 40 hours in a week. In fact, firefighters are often required to work upwards of 53 hours per week before receiving any overtime.

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